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Texas must release nearly 250 undocumented immigrants who were arrested under the “catch and jail” border security policy of Governor Greg Abbott and that they have been in prison for more than a month without being charged with crimes, according to Texas Tribune.
State District Judge Roland Andrade granted a motion to release the migrants on unsecured bonds. cost on Tuesday, after defense attorneys challenged the continued incarceration of hundreds of migrants , citing widespread violations of state law and constitutional rights to due process.
Texas law requires criminal defendants to be released from jail without posting a bond or with the payment of a deposit affordable, if prosecutors delay cases by not pressing charges quickly.
For the raid, an accusation for which the vast majority of migrants were detained, that term is set at 15 or 30 days, depending on the level of prosecution.
Kristen Etter, an attorney for Texas RioGrande Legal Aid, explained to the judge that her organization had reached a Agreement with the Val Verde County Attorney to release some 55 immigrants who had not been charged after 15 days of arrest, reported The Texas Tribune newspaper.
Also reached an agreement with Kinney County prosecutors, who will release others 168 defendants who do not charges had been brought against him in 30 days or more.
Abbott di o the order to arrest and charge migrants with misdemeanors at the end of last May as part of its plan to reinforce border security amid criticism of the Government of the President, Joe Biden.
The governor signed a declaration of a state of emergency due to the increase in the migratory flow through the Texas border registered in recent months.
By the end of August more than 500 immigrants had been detained by Texas authorities.
State judge-ordered releases are the latest stumbling block in Abbott’s new state migrant criminal justice system, which has been plagued with problems since it started in July.
It is unclear whether after the undocumented immigrants are released, the au Immigration authorities will take their custody.